H1B Extension Stamping

[abhibrave2002]

Hi,

My visa and petition both are expiring in August 2012. Currently I am in US and my H1B extension process has started with the filing of
new petition.
Do I need to go back to India for the stamping with my new petition or it can be done in US as well. A quick overview on entire process
will be helpfull and highly appreciated.

Thanks in advance.

[shervin143]

Visa is only an entry document to U.S. You don't need a valid visa to stay in U.S. A valid I-94 is what is required to legally stay and work in U.S. When the employer files the extension, the extended approval notice will come with a new I-94. In that case, you can stay and work in U.S without the need for a valid visa until the new I-94 expiry date. If you had to leave U.S, then you should return all the I-94s when you leave (@ the airport) and to re-enter, you will need a valid visa in the passport. If you don't have a valid visa as of the date of your return, then you have to schedule a visa interview at the U.S consulate and to get the visa stamped based on your extended petition.

[abhibrave2002]

Visa is only an entry document to U.S. You don't need a valid visa to stay in U.S. A valid I-94 is what is required to legally stay and work in U.S. When the employer files the extension, the extended approval notice will come with a new I-94. In that case, you can stay and work in U.S without the need for a valid visa until the new I-94 expiry date. If you had to leave U.S, then you should return all the I-94s when you leave (@ the airport) and to re-enter, you will need a valid visa in the passport. If you don't have a valid visa as of the date of your return, then you have to schedule a visa interview at the U.S consulate and to get the visa stamped based on your extended petition.

Thanks for giving overview. My current I-94 is expiring in first week of september will it have any impact?

Thanks.

[shervin143]

No issues as long as the extension gets approved and the approval notice comes with a new I-94 attached to it.

Thanks for giving overview. My current I-94 is expiring in first week of september will it have any impact?

Thanks.